This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Florida Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act
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US-000302
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How to fill out Complaint For Injunctive Relief And Damages For Breach Of Noncompetition Agreement - Breach Of Contract - Violation Of Trade Secrets Act?
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FAQ
However, the court stated that the employer providing the employee with continued employment is ?consideration? for the noncompete agreement, as ?it is well settled that continued employment constitutes adequate consideration to support a covenant not to compete.? Id. at 201.
There are several types of compensatory damages that may be awarded in a breach of contract case in Florida. These include direct damages, consequential damages, liquidated damages, and incidental damages.
Under Florida law, employment covenants that restrict competition during or after their term must be in writing and signed by the employee. Consideration means that the employee must receive something from the employer in exchange for promising that he or she will not compete.
The basis for such lawsuits against the new employer is what is called ?tortious interference with contractual relationship.? Under Florida law this simply means that the new employer is being accused of intentionally interfering with the former employer's non-compete contract with its former employee.
What voids a non-compete agreement in Florida? A non-compete agreement in Florida is voidable if it is unreasonable in geographic scope, length of time, or type of business it restricts.
Under Florida law, continued employment constitutes sufficient consideration for a binding non-compete contract between an employer and an at-will employee.
Non-competition agreements must generally be supported by valid consideration, meaning the employee must receive something of value in exchange for the promise to refrain from competition.
Thus, in Florida, non-competes are generally enforceable, provided they are "reasonable in time, area, and line of business." See Fla. Stat. § 542.335.